Special Terms of Service for the TCS Web Design Service

Preamble

The following Special Terms of Service for the Thames Cloud Services Web Design & Development Service, hereinafter referred to as TCS, Website Setup Service apply in addition to the General Terms and Conditions and our Privacy Policy.

The Website Setup Service is a Service as defined in the General Terms and Conditions.

1. Website Setup Service
2. General

The website setup service is a service in which TCS builds a website for the customer based on their individual information and the technical possibilities of the respective website setup service package. After the website has been created, the customer is entitled to have changes to the website implemented by TCS within the scope of the contractually agreed scope of service.

2. Terms of Service & Contact

2.1. Within the scope of the Website Setup Service, the website is built based on Your wishes and the technical possibilities of the respective Website Setup Service package. The services correspond to the respective valid service scope of the underlying Website Setup Service Package. The service includes the components “website construction” and “website maintenance”. Use in combination with other hosting products of TCS or other hosting providers is excluded.

3. Change of tariff

3.1. It is possible to change to a higher Website Setup Service package (more pages/functionality) by contacting our administrative team at admin@thamescloudservices.com.

3.2 A money-back guarantee during the first 30 days, as is sometimes the case with other TCS products, is included for this service.

4. Contract term, invoicing

4.1 The Website Setup Service contract has a minimum term of 1 month and thereafter continues on a monthly basis. 

4.2 The service fee is invoiced upon setting up Your project. Further monthly fees are invoiced on the same day of the month (as when purchased) for the following months. If you wish to be invoiced on a specific day of the month, please raise a ticket or email admin@thamescloudservices.com. 

5. Creation process and maintenance of the website

As part of the Website Setup Service, the website is set up based on the individual information provided by You and the technical possibilities of the respective website tariff. The services correspond to the applicable scope of services of the underlying website setup service package. The website setup service includes the components of website construction and website maintenance.

5.1. Structure of the Website

• 5.1.1. The construction of the website includes the creation of a website with a scope of 5 individual pages for publication under a domain.
  An onboarding questionnaire/conversation, including the collection of complete customer information, forms the basis for building the website.       
• 5.1.2.  In consultation with You, the selection of a layout appropriate to the business industry and the adaptation of a colour scheme offered in the TCS portfolio will be determined.
• 5.1.3. You will be asked to provide files and information for the construction of the website. These are suitable images, texts and further content as well as, if applicable, Your company logo.
• 5.1.4. If You don’t comply with its obligations, TCS is entitled to, after repeated requests of You, use data that it independently can access and is of the opinion that it would be suitable for Your website. TCS will prepare a proposal for Your website based on this information.
• 5.1.5. After setting the textual content, the start page of Your website will be optimised for search engines. The construction of the website and the sending of the first preview to You usually takes five to ten working days after receipt of Your files.
• 5.1.6. Changes and corrections to the website can be submitted to TCS by You at any time during the creation phase within the above-mentioned service times.
• 5.1.7. You will receive updates on the current production status of Your website during the website creation phase, e.g. to remind You to release the website or to provide missing content. Only customer service or production process-related messages will be sent, You will not be contacted for advertising purposes.
• 5.1.8. The files required for the construction of Your website can be uploaded for the Website Setup Service via a secure client-specific upload page, linked to your website. All files must be provided in a suitable digital format. The supported file formats and sizes will also be communicated to You.
• 5.1.9. General terms and conditions, imprint, data protection declarations and other texts with legal content are provided by TCS as templates. You shall assume sole responsibility for the completeness and correctness of the legal texts within these templates.
• 5.1.10.  After completion of the website and notification by the Website Setup Service staff, You can decide for yourself whether and when to have your website published. Before publication, You must check all content on the website for completeness, correctness and legal conformity. The website is available either on a TCS system domain or a staging instance of your domain until it is published. This is used to test websites or applications, under a non-public-facing domain name.

1. Maintenance of the website

After the website has been built, the Website Setup Service is available to You for further services in accordance with the scope of services of the booked tariff.

1. Website maintenance

1.1. Website Maintenance is a service within the scope of the Website Setup Service, whereby TCS, following the creation of the website for You, takes over the maintenance and updating of the existing website. 

The website created by TCS is updated and maintained based on the details and information provided by You. If You request adjustments or changes to the website or its content, these will be implemented on the website at a scope of service of up to 2 hours per month, by TCS. Any change to the website requested by You that goes beyond the scope of the service (such as a complete re-setup or a new structure of the website) is not contractually owed by TCS unless TCS is responsible for the necessity of the change. Only TCS has administrative access to the website and its content. You can, however, request access to change e.g. the text or images on pages yourself. You assume sole responsibility for the completeness, correctness and legal conformity of the texts adapted by You, with this access, when given.

1.2. Fees for the individual tariffs of the maintenance service are incurred regardless of whether You actually request changes within the framework of the agreed tariff. These fees are built into the monthly hosting cost.

1.3. At least once a year, TCS will get in contact with You to discuss the performance of Your website and, if necessary, to agree on further adjustments identified and recommended by TCS to optimise the site, in addition to the changes initiated by You.

1.4. Change and correction requests may be proactively submitted by You to TCS at any time and within the scope of the package services, providing any files, texts and information required to update the website. The processing time of the change requests depends on the effort involved. Changes are implemented within 5 working days, but reasonable delays may be incurred. After updating the page, You will be notified by TCS.

1.5. In the case of complex or complicated update requests, the decision as to whether a change can be made within the scope of the website maintenance of the Website Setup Service is always at the reasonable discretion of the TCS employee. A complete re-setup or rebuild of the Website will not be offered. For change requests outside the valid scope of service, TCS can create an individual offer for You.

1.6. Contractual or legal texts, in particular Your General Terms and Conditions, or data protection declarations are not maintained by TCS for You. You assume sole responsibility for the completeness and correctness of the legal texts made available to TCS for the purpose of inclusion on Your Website.

1.7. After completion of the changes to the website, You may decide whether or not to publish the website in this form. Prior to publication, You shall check all content on the website for its legality.

1. Rights and Obligations for the Website Setup Service
2. Your rights and obligations

1.1. You are obliged to comply with all applicable laws and regulations.

1.2. You are responsible for the contents of your website

1.3. You shall ensure that the data provided by You for the purpose of inclusion on Your website does not infringe on the rights of third parties.

1.4. You agree not to publish any content that:

(1) contains pornographic or obscene material;

(2) glorifies war, terror and other acts of violence;

(3) is likely to seriously endanger children or young people;

(4) portrays people in a way that violates human dignity and/or reproduces an actual event without there being an overriding legitimate interest in precisely this form of reporting,

(5) incites hatred against parts of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary action against them or attack the human dignity of others by insulting, maliciously disparaging or defaming parts of the population or one of the aforementioned groups,

(6) describes cruel or otherwise inhuman acts of violence against human beings or animals in a manner that glorifies or trivialises such acts of violence or portrays the cruelty or inhumanity of the act in a manner that violates human dignity,

(7) is likely to deny, insult, threaten or defame others.

(8) These apply accordingly to references (“hyperlinks”) set up on the Website by You to such third-party content.

1.5. You must ensure that You own all the necessary rights to the files You supply. If Your files are not suitable (e.g. if they contain too low an image resolution), TCS reserves the right to replace the material provided by You with material (images and texts) customary in the industry at its due discretion. Legal advice on the setups requested by You is not provided by TCS.

2. Rights and obligations of TCS

2.1. TCS is entitled to reject, block or delete certain content provided by You for the purpose of the website.

2.2. TCS is entitled to refuse change requests requested by You if these are technically or temporally unreasonable or they are unreasonably excessive You shall be informed of the rejection of Your change request(s) by email.

2.3. If You request TCS to integrate third-party apps and software, You agree to all applicable third-party terms.

3. Indemnity and Liability

3.1. You agree to indemnify TCS and hold TCS harmless on demand from any claims from any parties that your Website or its content infringes any rights (including without limitation intellectual and any other proprietary rights) or Applicable Laws. In order to mitigate any damage done by any such claims TCS reserves the right (to be exercised at its sole discretion) to take down or suspend the Website until such claims have been resolved. 

3.2. The limits on TCS liability are those set out in our General Terms of Service which can be found at https://www.thamescloudservices.com/terms-of-service/